Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
September 25, 2006

PRESENT: Barnett, Buckley, Payne, Roncelli, Stefanes

Also present, Attorney William Hampton

ABSENT: Devine, Savoie

Supervisor Payne welcomed the public and led the Pledge of Allegiance.

ITEM #1 Approved Board Minutes of September 11, 2006 as printed.

ITEM #2 2006 Gypsy Moth Program Summary – Mark Ticehurst, President of the National Gypsy Moth Management Group

This program has been in place for approximately 15 years, and since that time, the population of gypsy moths, throughout the United States, has exploded. However, a risk assessment survey indicates that Bloomfield Township’s gypsy moth population has remained relatively stable and manageable.

A complete copy of the 2006 Gypsy Moth Program Summary is available in the Clerk’s Office.

ITEM #3 Consider Approval of the 2007 Gypsy Moth Management Agreement

This agreement for the year 2007 is $10,000.00 less than the agreement for 2006.

A complete copy of the 2007 Gypsy Moth Management Agreement is available in the Clerk’s Office.

MOTION by Barnett and SUPPORT by Buckley to APPROVE the 2007 Gypsy Moth Management Agreement.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

RESOLUTION DECLARED ADOPTED

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on September 25, 2006.

_____________________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #4 Consider Approval of the Gypsy Moth Risk Assessment and Consultation Agreement for 2007 - 2009

The price for this agreement has remained stable since 1994.

Supervisor Payne introduced Mary Eddy, Project Coordinator, Engineering and Environmental Department. Eddy stated that residents are thrilled with this program and that Ticehurst addresses all public concerns.

A complete copy of the Gypsy Moth Risk Assessment and Consultation Agreement for 2007 – 2009 is available in the Clerk’s Office.

MOTION by Stefanes and SUPPORT by Barnett to APPROVE the Gypsy Moth Risk Assessment and Consultation Agreement for 2007 – 2009.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the forgoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on September 25, 2006.

_____________________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #5 Liquor License Request: SDM for Steve’s Deli

Supervisor Payne stated that, normally, SDM (Specially Designated Merchant) requests do not come before the Township Board. But, it was sent by the State because it is being requested in conjunction with a Class "C" license.

Steve’s Deli applied for, and was granted, a seasonal (May – October) outdoor seating permit. They also applied for an outside service with alcohol permit, but later withdrew the request.

The Township Police Department has some concerns with the issuance of an SDM license to this facility, if in conjunction with the outdoor seating.

Supervisor Payne stated that since outdoor seating is the issue, if Steve’s Deli wanted to forego it, then they would be able to obtain the SDM license. Other eating establishments were mentioned that have SDM and Class C licenses, namely, Andiamo’s Restaurant.

Payne stated that one solution would be to write a letter to the Michigan State Liquor Commission stating that the Township is opposed to the issuance of an SDM license in conjunction with the outdoor seating.

MOTION by Barnett and SUPPORT by Roncelli to APPROVE the SDM Application for Steve’s Deli Contingent upon the Fact that, in the future, there will be NO Outdoor Seating.

AYES: Barnett, Buckley, Payne, Roncelli

NAYS: Stefanes

RESOLUTION DECLARED ADOPTED.

I, JANET RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the forgoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on September 25, 2006.

_____________________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #6 Consider Placement of Unpaid Special Assessments on the December 1, 2006 Tax Roll

This is an annual Board item that is necessary in order to put these accounts on the tax roll.

MOTION by Buckley and SUPPORT by Stefanes to APPROVE the Placement of Unpaid Special Assessments on the December 1, 2006 Tax Roll.

WHEREAS, by the Charter Township of Bloomfield Special Assessment Billing Resolution adopted on May 27, 2003, the Board of Trustees for the Charter Township of Bloomfield authorized the Bloomfield Township Treasurer’s Department to apply any unpaid special assessments on the respective year’s winter tax statement that would go delinquent to the Oakland County Treasurer’s Office for collection if still unpaid by the respective March 1st cut-off date; and

WHEREAS, certain Special Assessments as outlined on the files in the Treasurer’s Office are unpaid and past due which requires collection by placement on the December 2006 Tax Roll and if still unpaid by March 1, 2007, they will be sent to Oakland County as delinquent; thus allowing Oakland County to make Bloomfield Township whole and transferring the collection responsibility to Oakland County.

THEREFORE BE IT RESOLVED that the Board of Trustees for the Charter Township of Bloomfield authorizes the Bloomfield Township Treasurer’s Department to place the amount of $90,657.65, for unpaid and past due Special Assessments, on the December 2006 Tax Roll.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the forgoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on September 25, 2006.

_____________________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #7 Approve December 1, 2006 Millage Rate for the Bloomfield Village Police Department and Bloomfield Village Volunteer Fire Department for the Fiscal Year April 1, 2007 – March 31, 2008

This agenda item is completed on an annual basis for the operation of the Bloomfield Village police and fire departments.

MOTION by Stefanes and SUPPORT by Buckley to APPROVE the December 1, 2006 Millage Rate for the Bloomfield Village Police Department and Bloomfield Village Volunteer Fire Department for the Fiscal Year April 1, 2007 – March 31, 2008.

Department Millage Rate Taxable Value Revenue

Police 1.154 $330,482,380 $381,377

Fire 0.277 $330,482,380 $ 91,544

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the forgoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on September 25, 2006.

_____________________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #8 Consider Adoption of Ordinances 575 (Floodplain Regulations) with Resolution & 576 (State Construction Code Ordinance Amendment)

These ordinances were introduced to the Board at their last meeting on September 11, 2006 and are required by federal regulations.

MOTION by Stefanes and SUPPORT by Barnett to ADOPT Ordinance 575.

Zoning Ordinance Amendment

An ordinance to amend Zoning Ordinance No. 265 to update Flood Insurance Study and Flood Insurance Rate Maps and to reference the Township of Bloomfield State Construction Code Ordinance for floodplain regulation.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance.

The following Sections of Township of Bloomfield Zoning Ordinance No. 265, are amended as indicated:

SECTION 1516. FLOODPLAIN CONTROLS (ALL DISTRICTS):

1. Floodplain as used herein shall mean the area designated and described in the report the Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled "Flood Insurance Study, Oakland County, Michigan, and Incorporated Areas" and dated September 29, 2006. The floodplain constitutes all land lying within a line delineating and designated as the 100-year flood, which is all of the land designated within a flood hazard area or special flood hazard area contained in the Flood Insurance Rate Maps (FIRMS) panel numbers of 26125C0502F, 26125C0504F, 26125C0506F, 26125C0507F, 26125C0508F, 26125C0509F 26125C0512F, 26125C0514F, 26125C0516F, 26125C0517F, 26125C0518F, 26125C0519F, 26125C0526F, 26125C0527F, 26125C0528F, 26125C0529F, 26125C0536F, 26125C0537F, 26125C0538F and dated September 29, 2006 which are an integral part of the above named "Flood Insurance Study".

2. No building or land shall be used within a floodplain except for such uses as are specified under the Principal Uses Permitted and Principal Use Permitted Subject to Special Conditions Sections of this Ordinance for the applicable Zoning District within which such floodplain is located.

3. All construction, filling, excavation, and improvements within a floodplain shall be subject to the provisions of the Township of Bloomfield State Construction Code Ordinance, being Ordinance No. 525, as amended.

Section 2 of Ordinance

All of the regulations of the Zoning Ordinance shall remain in effect, amended only as provided above.

Section 3 of Ordinance

Any and all criminal or civil proceedings initiated by the Township and pending, and all vested rights on the effective date of this Ordinance, are saved and may be consummated according to the law and ordinance enforced at the time they were commenced.

Section 4 of Ordinance

The provisions of this Ordinance shall become effective on September 29, 2006 as provided by law following publication.

Section 5 of Ordinance

This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Bloomfield qualified under State Law to publish legal notices and shall become effective upon publication, as provided by law.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

ORDINANCE DECLARED ADOPTED.

I hereby certify that the foregoing Ordinance was adopted by the Board of Trustees of the Charter Township of Bloomfield at a meeting held on September 25, 2006, and that the original of this Ordinance is on file in my office.

CHARTER TOWNSHIP OF BLOOMFIELD

September 27, 2006 BY:

_____________________________________

JANET RONCELLI

TOWNSHIP CLERK

MOTION by Barnett and SUPPORT by Roncelli to ADOPT the Resolution for Ordinance 575.

RECITALS:

The Charter Township of Bloomfield currently participates in the Federal Emergency Management Agency’s (FEMAs) National Flood Insurance Program (NFIP) by complying with the program’s applicable statutory and regulatory requirements for the purposes of significantly reducing flood hazards to persons, reducing property damage, and reducing public expenditures, and providing for the availability of flood insurance and federal funds or loans within its community, and

The NFIP requires that floodplain management regulations must be present and enforced in participating communities, and utilize the following definitions which also apply for the purposes of this resolution:

Flood or Flooding means:

a. A general and temporary condition of partial or complete inundation of normally dry land areas from: 1) the overflow of inland or tidal waters, 2) the unusual and rapid accumulation or runoff of surface waters from any source, 3) mudflows, and

b. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding, as defined in paragraph (a)(1) of this definition.

The Stille-Derossett-Hale Single State Construction Code Act", Act No. 230 of the Public Acts of 1972, as amended (State Construction Code Act), along with its authorization of the State Construction Code composed of the Michigan Residential Code and the Michigan Building Code [and its Appendices (specifically Appendix G)] contains floodplain development and management regulations that comply with the FEMA NFIP minimum floodplain management criteria for flood prone areas, as detailed in Title 44 of the Code of Federal Regulations (44 CFR), Section 60.3, and

By an ordinance adoption action dated July 31, 2001 and amended on September 25, 2006, the Township accepted the responsibility to administer, apply, and enforce the provisions of the Construction Code Act and the State Construction Code, specifically the Michigan Residential Code and the Michigan Building Code, to all construction within its community boundaries,

NOW THEREFORE, to maintain eligibility and continued participation in the NFIP,

The Charter Township of Bloomfield directs its designated enforcing agent for the State Construction Code Act, the Township Building Department, its building director, or his or her designee, the Township Board, the Zoning Board of Appeals and the Construction Board of Appeals to administer, apply, and enforce the floodplain management regulations as contained in the State Construction Code (including Appendix G) and to be consistent with those regulations by:

a. Obtaining, reviewing, and reasonably utilizing flood elevation data available from federal, state, or other sources pending receipt of data from the FEMA to identify the flood hazard area and areas with potential flooding.

b. Ensuring that all permits necessary for development in floodplain areas have been issued, including a floodplain permit, approval, or letter of no authority from the Michigan Department of Environmental Quality under the floodplain regulatory provisions of Part 31, "Water Resources Protection," of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.

c. Reviewing all permit applications to determine whether the proposed building sites will be reasonably safe from flooding. Where it is determined that a proposed building will be located in a flood hazard area or special flood hazard area, the State Construction Code Act enforcing agent shall implement the following applicable codes according to their terms:

Floodplain management regulation portions and referenced codes and standards of the current Michigan Residential Code.

Floodplain management regulation portions and referenced codes and standards of the current Michigan Building Code.

Appendix G of the current Michigan Building Code.

d. Reviewing all proposed subdivisions to determine whether such proposals are reasonably safe from flooding and to ensure compliance with all applicable floodplain management regulations.

e. Assisting in the delineation of flood hazard areas; providing information concerning uses and occupancy of the floodplain or flood-related erosion areas, maintaining floodproofing and lowest floor construction records, cooperating with other officials, agencies, and persons for floodplain management.

f. Advising FEMA of any changes in community boundaries, including appropriate maps.

g. Maintaining records of new structures and substantially improved structures concerning any certificates of floodproofing, lowest floor elevation, basements, floodproofing, and elevations to which structures have been floodproofed.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on September 25, 2006.

MOTION by Buckley and SUPPORT by Barnett to ADOPT Ordinance 576.

State Construction Code Ordinance Amendment

An Ordinance to amend State Construction Code Ordinance No. 525 to designate regulated flood prone hazard areas within the Township of Bloomfield as set forth in the most recent Federal Emergency Management Agency (FEMA) Oakland County, Michigan, Flood Insurance Study (FIS), and Flood Insurance Rate Maps (FIRMS) for the purpose of enforcing the State Construction Code regulations pertaining to flood zones in those regulated flood prone hazard areas within the Township of Bloomfield.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance.

The following Sections are added to the Township of Bloomfield State Construction Code Ordinance No. 525 as indicated:

Section 3.02. Code Appendix Enforced.

Pursuant to the provisions of the State Construction Code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the Township Building Official within Bloomfield Township.

Section 3.03. Designation of Regulated Flood Prone Hazard Areas.

The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) Entitled "Flood Insurance Study, Oakland County, Michigan, and Incorporated Areas" and dated September 29, 2006, the Flood Insurance Rate Maps (FIRMS) panel numbers of 26125C0502F, 26125C0504F, 26125C0506F, 26125C0507F, 26125C0508F, 26125C0509F 26125C0512F, 26125C0514F, 26125C0516F, 26125C0517F, 26125C0518F, 26125C0519F, 26125C0526F, 26125C0527F, 26125C0528F, 26125C0529F, 26125C0536F, 26125C0537F, 26125C0538F, and dated September 29, 2006 are adopted by reference and declared to be part of Section 1612.3 of the Michigan Building Code.

Section 4.02. Township Board Review.

The Bloomfield Township Board shall conduct the review for permit issuance pursuant to Section G104 of the State Construction Code Appendix G for any proposed development in the Township within the flood hazard areas delineated on the Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMS) set forth in this Ordinance. The Township Board review will focus on whether development in the floodplain should be permitted pursuant to Sections G301 through G701 of Appendix G based on compliance with State Construction Code requirements. The Township Building Official shall review and approve the building plans pursuant to the State Construction Code as part of the building permit issuance. Applications for variances from decisions made by the Township Board shall be made to the Township Zoning Board of Appeals pursuant to Section G 105 of Appendix G. Applications for variances from decisions made by the Township Building Official shall be made to the Township Construction Board of Appeals pursuant to Section G105 of Appendix G.

Section 2 of Ordinance

All ordinances or parts of ordinances conflicting with the provisions of this Ordinance are hereby repealed, including Ordinance No. 351 adopted December 13, 1982, and amendments thereto.

Section 3 of Ordinance

Amended only as specified above and in this Section, the Code of Bloomfield Township shall remain in full force and effect.

Section 4 of Ordinance. Severability.

If any section, clause or provision of this Ordinance shall be declared to be unconstitutional, void, illegal or ineffective by any Court of competent jurisdiction, such section, clause or provision declared to be unconstitutional, void or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.

Section 5 of Ordinance. Repealer.

All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 6 of Ordinance. Savings.

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced.

Section 7 of Ordinance. Effective Date.

This ordinance shall take effect September 29, 2006 upon publication in the manner prescribed by law.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

ORDINANCE DECLARED ADOPTED.

I hereby certify that the foregoing Ordinance was adopted by the Board of Trustees of the Charter Township of Bloomfield at a meeting held on September 25, 2006, and that the original of this Ordinance is on file in my office.

CHARTER TOWNSHIP OF BLOOMFIELD

September 27, 2006 BY:

_____________________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #9 Information Only – Disposal of Old Election Equipment

Clerk Roncelli advised the Board that the Township has approximately 40 Fidlar Diebold election units that need to be discarded. There is no market for this equipment as it is one grade below what is being used now. The only option is to donate the equipment. Bloomfield Hills School District would be interested in using this equipment for mock elections for the students. At this time, the district would be interested in ten of the machines.

MOTION by Barnett and SUPPORT by Stefanes to AUTHORIZE the Bloomfield Township Clerk to Distribute, as Necessary, the Fidlar Diebold Election Equipment to the Bloomfield Hills School District.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the forgoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on September 25, 2006.

ITEM #10 Approve Payroll and Vouchers

MOTION by Buckley and SUPPORT by Barnett to APPROVE payroll and vouchers A001818-A001849; B012643-B012847; E001982-E001999 totaling $27,213,734.45.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

ITEM #11 Public Comment

Supervisor Payne recognized Attorney Hampton for being listed as one of The Best Lawyers in America, as published in the September issue of DBusiness News.

Christa Murphy, Republican Candidate For County Commissioner (District 17), introduced herself to the Board. She announced her phone number (248-593-6266) so that any residents, who have concerns, may contact her.

Possible study session dates were discussed.

Trustee Buckley publicly invited Shirley Johnson, State Senator, to attend a Board of Trustees meeting. He stated that he would like to see her and hear what issues she is working on.

Clerk Roncelli advised the Board that the Bloomfield Historical Society held a meeting in the Township’s auditorium on Sunday, September 24, 2006 and that they were very grateful and appreciative.

Included in Board Packet: Bloomfield Twp. Fire Dept – June & July 2006 Monthly Report

Bloomfield Twp. Police Dept – August 2006 Monthly Report

TABLED ITEMS: Innerwoods Lot Split (Tabled Indefinitely)

Meeting adjourned at 8:35 p.m.

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